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Before you register as a new client, please take a moment to read the Heartland Service Agreement below which outlines our responsibilities to you and covers common administrative issues related to servicing your account. This agreement evidences our commitment to you as a client.
Heartland Service Agreement
Thank you for asking Heartland Investigative Group ("Heartland") to perform investigative services on your behalf. This letter is intended to set forth the terms of our engagement, which may be on going in nature, and the agreement upon which our services will be furnished. These terms will remain in effect for all services provided by Heartland unless and until Heartland advises you otherwise.
FEES FOR INVESTIGATIVE SERVICES
When establishing fees for services that Heartland renders, we are guided primarily by the time and labor required. In addition, we also consider other appropriate factors, such as the novelty and difficulty of the issues involved; the skill required to perform the particular assignment; the likelihood that the acceptance of the particular engagement will preclude other employment by the investigator; the fee customarily charged by comparable businesses for similar investigative services; the time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; and the experience, reputation, and ability of the investigator or investigators performing the services. All rates are subject to change, as our internal allocation of values for investigator time changes periodically to account for increases in our cost of delivering our service and other economic factors. Any new rates will become effective during the next billing period after you have been notified of the change.
We are very mindful of the importance of keeping expenses at a reasonable level and will endeavor to do so throughout our engagement so long as it will not adversely affect the quality of services we provide to you. We will discuss our rates and whether services will be preformed on an hourly or flat rate basis with you before commencing any matter on your behalf. Since it is difficult to accurately estimate before commencing work how many hours may be expended when working on an hourly basis, it is difficult to estimate the fees for any particular matter in advance. However, each time we commence a matter on an hourly basis we will set forth our expected course of action and, if requested, estimate the hours of service required to achieve our objective.
We invite you to discuss freely with us any questions that you may have concerning a fee charged for any matter. We want you to be satisfied with both the quality of our services and the reasonableness of the fees that we charge for those services. We will attempt to provide as much billing information as you require and in such customary form that you desire, and are willing to discuss with you any of the various billing formats we have available that best suits your needs.
EXPENSES
Our monthly invoices will include any out-of-pocket expenses that we have advanced and our internal charges for certain support activities in addition to fees for investigative services. Advanced costs generally include such items as travel and lodging expenses; postage costs; filing, recording, and certification fees; and other fees charged by governmental bodies. Our internal charges may include such items as long distance telephone tolls, facsimile transmissions, overnight courier services, and charges for photocopying.
During the course of this engagement, it may be appropriate or necessary to hire third parties to provide services on your behalf. In certain situations Heartland may assume responsibility for retaining the appropriate service providers. Even if we do so, however, you will be responsible for paying all fees and expenses directly to the service providers or paying an up front retainer sufficient enough to cover these costs.
RETAINERS
Heartland may require a fee retainer in an amount that is appropriate with respect to any matter undertaken. In addition, we may request a credit report, the results of which may require us to request an additional retainer amount, or affect our ongoing engagement. We will draw against any retainer funds to satisfy our monthly invoices, copies of which will be sent to you for your information. We may, from time to time, request additional retainer payments as the original retainer amount becomes depleted.
We may request an advance cost retainer (in addition to the fee retainer) when we expect that we will be required to incur substantial costs on your behalf.
You agree to grant Heartland a security interest in all present and future retainer payments made to us to secure payment for all present and future investigative services rendered on your behalf and all costs incurred by us during the course of this engagement. This security interest is perfected by our possession of the retainer and does not require the filing of a financing statement.
RETENTION OF RECORDS
At your request, your papers and property will be returned to you promptly upon receipt of payment for outstanding fees and costs. We will retain our own files pertaining to the matter. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials we retain.
YOUR OBLIGATIONS
You agree to provide Heartland with complete, accurate and factual information relative to all investigative matters and represent that information you provide complies with applicable laws and does not defame anyone or infringe the trademarks, service marks, copyrights or other intellectual property rights of any third party. You agree to indemnify and hold harmless Heartland and its affiliated companies and their officers, agents and employees from any and all damages, including fines, penalties or other liabilities imposed by local, state or federal laws or regulations or claimed by any third party which result from or arise out of the information you provide to Heartland or which result from or arise out of your use of information, services or reports Heartland provides you.
You will not ask Heartland or its agents to violate the law in providing services in connection with any investigative matter. If Heartland's agents unwittingly commit an illegal act while working for you after you intentionally deceive or mislead Heartland or Heartland's agents, we will cooperate with law enforcement to prosecute you for the illegal act or attempt thereof. Violation of the terms of this paragraph will result in immediate termination of this engagement and the forfeiture of any unused portion of any retainer that you have provided. If Heartland or any Heartland agent becomes involved in litigation arising from this engagement or work performed on your behalf, you agree to pay all costs and attorneys' fees in defending against such litigation, unless the agents were negligent or knowingly violated any state or federal law in performing the work that is the subject of the litigation.
The services and reports Heartland provides are for your sole and internal use only and may not be revised or resold or otherwise delivered in any way to any third party without express written consent from Heartland.
CONSUMER REPORTS
You represent that in providing Heartland information and requesting that Heartland prepare any consumer report, as defined by the Fair Credit Reporting Act ("FCRA"), you have complied and will comply with all provisions of the FCRA, Driver Privacy Protection Act ("DPPA"), and any other applicable State or Federal law. Attached to this agreement are copies of "Notice To Users Of Consumer Reports: Obligations Of Users Under The FCRA" and "A Summary Of Your Rights Under The Fair Credit Reporting Act" created by the Federal Trade Commission. Links to copies of the DPPA and FCRA and to the Federal Trade Commission's website (where copies of "Notice To Users Of Consumer Reports: Obligations Of Users Under The FCRA" and "A Summary Of Your Rights Under The Fair Credit Reporting Act" can be found) are available at Heartland's website, http://www.heartlandinfo.com.
In making any request that Heartland provide you with a consumer report about any individual ("consumer"), you certify that your request is for one of the following permissible purposes pursuant to the FCRA, Section 604, and that you will not use any consumer report provided by Heartland for any other purpose:
- As ordered by a court or a federal grand jury subpoena;
- As instructed by the consumer in writing;
- For use in connection with the extension of credit to the consumer about whom you seek information, or the review or collection of the consumer's account;
- For employment purposes;
- For use in connection with the underwriting of insurance involving the consumer;
- For use in connection with determining a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status;
- For use, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation;
- For a legitimate business need, in connection with a business transaction that is initiated by the consumer or to review an account to determine whether the consumer continues to meet the terms of the account;
- In response to a request by the head of a State or local child support enforcement agency; or
- For an agency administering a State plan under Section 454 of the Social Security Act for use to set an initial or modified child support award.
You also represent that releases signed by consumers about whom information is requested (where required) are maintained on file in your office and that you have completed and returned to Heartland all necessary specific certification documents required by the FCRA and state laws, if applicable. Heartland has available specific certification forms entitled Employment Purpose Certification and Investigative Consumer Reports Certification, required for two common requests requiring specific certification. Prior to your first request for a consumer report for an employment purpose or for an investigative consumer report seeking information about a consumer's character, general reputation, personal characteristics and/or mode of living obtained through personal interviews (for any permissible purpose), and you must complete, sign and return the applicable certification form to Heartland.
CERTAIN COMMUNICATIONS FOR EMPLOYEE INVESTIGATION
From time to time you may request from Heartland certain communications for the purpose of employee investigation, as defined by the FCRA, Section 603(x). In requesting such information, you represent that you are an employer seeking information in connection with an investigation of suspected misconduct relating to employment or of compliance with Federal, State or local laws and regulations, the rules of a self-regulatory organization, or any of your preexisting written policies, and not for the purpose of investigating a consumer's credit worthiness, credit standing, or credit capacity. In addition, you represent that in providing Heartland information and requesting that Heartland provide certain communications for employee investigation you have complied and will comply with all provisions of the FCRA, DPPA, and any other applicable State or Federal law.
DISCLAIMER
In its investigative work, Heartland makes every effort to gather accurate information and compile it in a responsible manner. From time to time, we obtain information from third-party sources, including but not limited to public records repositories, and through the use of third-party vendors when geographic location, cost and/or other access limitations require. We cannot always independently verify information obtained from third-party sources and through the use of third-party vendors. Although we make every effort to ensure the accuracy and completeness of the information contained in our reports, the reports are provided "as is" and we disclaim liability for any damages arising out of use of, or inability to use, information provided by Heartland, including damages arising from claims of breach of contract, breach of warranty, express or implied, and negligence, unless such liability arises from acts of intentional, willful or wanton conduct.
SURVEILLANCE RISKS
You acknowledge that there are inherent risks in conducting mobile surveillance, recognize the possibility that Heartland's agents may be discovered while conducting surveillance, and expressly release Heartland from any consequences, liability or damages arising there from. You also agree that we may terminate or postpone any surveillance at our discretion.
TERMINATION OF ENGAGEMENT
You may terminate this engagement at any time with 15 days prior written notice. Heartland may terminate this engagement or amend the terms of this engagement at any time by providing you with written notice. The balance of any retainer will be refunded after payment of all outstanding fees and costs incurred as of the date the engagement is terminated, except as otherwise provided herein.
TERMS OF PAYMENT
Generally, billing invoices are rendered monthly and are due upon receipt. Our statement must be paid in full regardless of the results of any investigation. If our monthly invoices are not paid within 60 days after they are rendered, we reserve the right to discontinue services until our account is brought current. Also, amounts due over 30 days may be subject to a monthly finance charge of 1.5%. You will be responsible for any costs, including attorneys' fees, incurred by Heartland for the purpose of collecting past due amounts.
IN CASE OF ERRORS OR INQUIRIES ABOUT YOUR INVOICE
Send your inquiry in writing on a separate sheet of paper so that Heartland receives it within 60 days after the invoice was mailed to you. Your written inquiry must include:
- Your name and address;
- A description of the error and why you believe it is an error; and
- The dollar amount of the suspected error.
You remain obligated to pay the part of your invoice not in dispute, but you do not have to pay any amount in dispute during the time we are resolving the dispute. During that time, we agree not to take any action to collect disputed amounts or report disputed amounts as delinquent.
This is a summary of your rights; a full statement of your rights and our responsibilities may be found in the Federal Fair Credit Billing Act.
Your engagement of Heartland constitutes your acceptance of the foregoing terms of engagement. If any of them is unacceptable to you, please advise us now so that we can resolve any differences and proceed with a clear, complete, and consistent understanding of our relationship.
Very truly yours,
By
Paul Jaeb
President
